ALS Solicitation FA4801-11-R-0002.doc

Section SF 1449 - CONTINUATION SHEET

Base-wide Ambulance Service

FFP

The Contractor shall provide personnel for each shift to perform emergency transport services. Shifts must consist of two (2) Emergency Medical Technicians (EMTs), one (1) of which must be an Emergency Medical Technician - Paramedic (EMT-P). HAFB shall provide a primary and secondary ambulance (the primary ambulance will be equipped to meet the Advanced Cardiac Life Support (ACLS) standards for patient transport services. The Contractor shall provide 24-hour coverage, 7 days a week, 365 days a year with no exceptions. The Contractor shall also provide ambulance response to emergencies as requested by dispatch. The response time is not to exceed seven (7) minutes with 90 percent compliance. IAW PWS, inclusive. Period of Performance: 1 June 2012 - 31 March 2013

FOB: Destination

SIGNAL CODE: A

NET AMT

Transition Period, 1 - 30 April 2012

Transition/Training period, in accordance with PWS 1.2. The Contractor will undergo a transition period not to exceed 45 days from the first manned day. This transition period shall include time for training and orientation in which an Ambulance Response Element (ARE) team will work with the contractor. Upon completion of the transition period, the Contractor will take over complete ambulance response duties.

NET AMT

Transition Period, 1 - 11 May 2012

Transition/Training period, in accordance with PWS 1.2. The Contractor will undergo a transition period not to exceed 45 days from the first manned day. This transition period shall include time for training and orientation in which an Ambulance Response Element (ARE) team will work with the contractor. Upon completion of the transition period, the Contractor will take over complete ambulance response duties.

NOTE: Due to the period of performance, the cost of this CLIN should be approximately 1/2 of the lump sum cost of CLIN 0002.

NET AMT

Full service, 12 - 31 May 2012

The Contractor shall provide personnel for each shift to perform emergency transport services. Shifts must consist of two (2) Emergency Medical Technicians (EMTs), one (1) of which must be an Emergency Medical Technician - Paramedic (EMT-P). HAFB shall provide a primary and secondary ambulance (the primary ambulance will be equipped to meet the Advanced Cardiac Life Support (ACLS) standards for patient transport services. The Contractor shall provide 24-hour coverage, 7 days a week, 365 days a year with no exceptions. The Contractor shall also provide ambulance response to emergencies as requested by dispatch. The response time is not to exceed seven (7) minutes with 90 percent compliance. Period of Performance: 12 - 31 May 2012.

NOTE: Due to the period of performance, this CLIN should be approximately 1/2 of the monthly cost of CLIN 0001.

NET AMT

FFP

The Contractor shall provide personnel for each shift to perform emergency transport services. Shifts must consist of two (2) Emergency Medical Technicians (EMTs), one (1) of which must be an Emergency Medical Technician - Paramedic (EMT-P). HAFB shall provide a primary and secondary ambulance (the primary ambulance will be equipped to meet the Advanced Cardiac Life Support (ACLS) standards for patient transport services. The Contractor shall provide 24-hour coverage, 7 days a week, 365 days a year with no exceptions. The Contractor shall also provide ambulance response to emergencies as requested by dispatch. The response time is not to exceed seven (7) minutes with 90 percent compliance. IAW PWS, inclusive. Period of Performance: 1 June 2013 - 31 March 2014

NET AMT

FFP

The Contractor shall provide personnel for each shift to perform emergency transport services. Shifts must consist of two (2) Emergency Medical Technicians (EMTs), one (1) of which must be an Emergency Medical Technician - Paramedic (EMT-P). HAFB shall provide a primary and secondary ambulance (the primary ambulance will be equipped to meet the Advanced Cardiac Life Support (ACLS) standards for patient transport services. The Contractor shall provide 24-hour coverage, 7 days a week, 365 days a year with no exceptions. The Contractor shall also provide ambulance response to emergencies as requested by dispatch. The response time is not to exceed seven (7) minutes with 90 percent compliance. IAW PWS, inclusive. Period of Performance: 1 June 2014 - 31 March 2015

NET AMT

FFP

The Contractor shall provide personnel for each shift to perform emergency transport services. Shifts must consist of two (2) Emergency Medical Technicians (EMTs), one (1) of which must be an Emergency Medical Technician - Paramedic (EMT-P). HAFB shall provide a primary and secondary ambulance (the primary ambulance will be equipped to meet the Advanced Cardiac Life Support (ACLS) standards for patient transport services. The Contractor shall provide 24-hour coverage, 7 days a week, 365 days a year with no exceptions. The Contractor shall also provide ambulance response to emergencies as requested by dispatch. The response time is not to exceed seven (7) minutes with 90 percent compliance. IAW PWS, inclusive. Period of Performance: 1 June 2015 - 31 March 2016

NET AMT

FFP

The Contractor shall provide personnel for each shift to perform emergency transport services. Shifts must consist of two (2) Emergency Medical Technicians (EMTs), one (1) of which must be an Emergency Medical Technician - Paramedic (EMT-P). HAFB shall provide a primary and secondary ambulance (the primary ambulance will be equipped to meet the Advanced Cardiac Life Support (ACLS) standards for patient transport services. The Contractor shall provide 24-hour coverage, 7 days a week, 365 days a year with no exceptions. The Contractor shall also provide ambulance response to emergencies as requested by dispatch. The response time is not to exceed seven (7) minutes with 90 percent compliance. IAW PWS, inclusive. Period of Performance: 1 June 2016 - 31 March 2017

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2013

30-MAY-2012

11-MAY-2012

31-MAY-2012

31-MAR-2014

31-MAR-2015

31-MAR-2016

31-MAR-2017

CLAUSES INCORPORATED BY REFERENCE

52.212-1 ADDENDUM

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jun 2008)

1. FAR provision 52.212-1, is hereby tailored as follows:

(b)(8) A completed copy of the representations and certifications at FAR 52.212-3 and DFARS 252.212-7000 or have a current copy of the representations and certifications on the ORCA website https://orca.bpn.gov/login.aspx.

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for the receipt of offers.

(d) Delete

(e) Delete

(h) Delete

2. SUBMISSION OF PROPOSALS

A. Purpose: The purpose of these instructions is to prescribe the format of proposals and describe the approach for the development and presentation of proposal data. They are designed to ensure the submission of information essential to the understanding and comprehensive validation of proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the government can make an award based on the initial offers received, without discussion of such offers.

B. Proposal Format: Each proposal shall be submitted in one (1) volume, but will contain each of the following sections. Failure to comply with these instructions may result in the offeror’s proposal being summarily rejected. Any commitments made in the proposal shall become a part of the resultant contract.

Section I – Solicitation/Price Data

Section II – Technical/Management Proposal

Section III – Contractor Past Performance

1. Offerors shall submit one (1) original and three (3) copies of their proposal. Each hard copy shall be separately bound, preferably in loose leaf binders. All required documentation shall be page numbered. Staples and plastic sleeves shall not be used. Consolidated parts are acceptable provided tabs separate them. A cover sheet shall be found in each book, clearly marked as to the section/part number(s), title, copy number, RFP identification and the offeror’s name. The Technical/Management Proposal shall not include price or pricing information.

2. NOTE: To ensure timely and equitable evaluation of proposals, offeror’s must follow the instructions contained herein. Proposals must be complete, self sufficient, and respond directly to the requirements of this solicitation. Please submit as stated above.

C. Price Data (Section I): This section of the proposal shall include only the following:

1. A signed Standard Form 1449, Solicitation/Contract, in its entirety along with all required fill-in documents. (Do not return attachments).

2. Complete all blanks for unit and total prices for Base and Option Years.

3. Any signed solicitation amendments thereto.

D. Technical/Management Proposal (Section II):

1. The technical/management proposal shall not make reference to price data. It will be evaluated as acceptable or unacceptable and will consist of four (4) Factors. ALL factors must be deemed acceptable in order to be Technically acceptable.

2. Technical Proposal Requirements: The technical proposal will primarily describe the capability of your organization to perform the requirements of the contract, it shall be specific and complete. The proposal shall not merely offer to perform work in accordance with the Performance Work Statement, but shall outline the actual method proposed as specifically as possible. Your technical proposal shall, at a minimum, contain the information specified below in accordance with the following general outline:

Factor 1. Staffing Plan/Scheduling Methodology. Proposal shall include a comprehensive management and staffing plan which is consistent with the requirements of the PWS. Ref PWS Para 1.

(1) The staffing plan should provide a description of proposed positions (which are EMT- Paramedics and EMT-Basics) and skill sets proposed to fulfill the requirements of the solicitation. Include resumes of Knowledge, Skills and Abilities (KSA) of each proposed individual, if possible. It is understood that not all individuals may be available at time of award, therefore, minimum experience level will be listed for each EMT-P and EMT-B. Offeror should not simply state “Experience level and KSAs will be IAW solicitation.” Details of each are required.

(2) The plan should state how the contractor will ensure the appropriate qualifications/skill sets of employees are maintained throughout the life of the contract...i.e. recruitment/hiring plan.

(3) The plan should include written procedures for notifying all personnel for both daytime and after hour emergencies. The plan should state how the contractor will ensure there is at least one EMT-P and at least one EMT-B (at a minimum) to work each shift. Ref. PWS Para 1.1.

(4) The plan should state the number of personnel and their qualifications that will be allocated to accomplish all tasks/functions as stated within the contract/Performance Work Statement. Ref. Para 1.3.

(5) The plan shall include a realistic work schedule presented in a TABLE format that exhibits an understanding of the work required by the PWS.

(6) This plan needs to include a contingency plan to show how the contractor will handle covering shifts when an employee calls in sick.

Factor 2. DRAFT Quality Control Plan: Offeror shall submit a sufficient draft plan. Ref. PWS Para 4.1. The plan needs to include at a minimum:

(1) Written description of an inspection system covering all areas to be inspected on a scheduled basis to include correct staffing, appropriate response times, and accurate and complete documentation.

(2) Frequency (i.e. daily, weekly, monthly, etc.) contractor will perform inspections to ensure quality of work to be performed.

(3) Type of inspections contractor will use to evaluate its employees to ensure quality work is maintained during the life of the contract.

(4) Written description of records to be kept to document all inspections conducted and the necessary corrective action taken. As a minimum each record should include the characteristic or element inspected, date time, number of observations, number of defects observed and inspection status. If you have a company form, provide a sample.

(5) Sample of each inspection/observation record (each record must reflect the characteristic or element inspected, date time, number of observations, number of defects observed and inspection status).

Factor 3. Certification Requirements: The offeror shall submit a description of how certification documentation will be collected and forwarded to the Holloman Contracting Office and the 49 Medical Group’s Credentialing Office. Ref PWS Para 4.6.

Factor 4. Health Requirements: The offeror shall provide a plan showing how they will meet the health requirements listed in the PWS para 4.11.

E. Contractor Past Performance (Section III): This section of the proposal shall include only the following:

1. Past Performance Questionnaire: Attachment 4 to this solicitation is a past performance questionnaire designed for the offeror to reproduce and send to as many of his/her previous employers/customers as desired. The previous employers/customers should then fax the filled out questionnaires directly back to the Government contract administrator as per directions on the cover letter.

2. Past Performance Submission By Offeror: Section III is limited to a maximum of five contracts, with an overall page limit of 25 pages for the entire number of contracts submitted. The page size shall be 8 ½ x 11 inches. Pages shall be typed with a minimum of font size 11, Times New Roman type, with minimum 1-inch margins. Note: The questionnaires (Attachment 4) are not counted in the 25 pages since these questionnaires will be sent back by the evaluator and the offeror will not see these.

END FAR 52.212-1 Addendum

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical Capability

(ii) Price

(iii) Present/Past Performance

Selection will be based on Best Value to the Government using Past Performance Tradeoff (PPT) techniques.

Technical and past performance, when combined, are to be weighed as follows: Factor III (Present/Past Performance) is significantly more important to Factor II (Price). To be considered for award, the technical proposal must meet minimum standards on an acceptable/unacceptable basis.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-2 ADDENDUM

A. BASIS FOR AWARD.

1. This is a competitive best value source selection in which competing Offerors' past performance history will be evaluated on a basis significantly more important than price considerations. This source selection is conducted in accordance with the Federal Acquisition Regulation (FAR) 15.3, as supplemented by the Defense FAR Supplement (DFARS) 215.3, the Air Force FAR Supplement (AFFARS) 5315.3 and the Air Force Mandatory Procedure (MP) 5315.3. These regulations are available electronically at the Air Force (AF) FAR Site: http://farsite.hill.af.mil. The Government will select the offer representing the best value to the Government, based upon an assessment of the evaluation factors: Technical, Price and Present/Past Performance. Tradeoffs may be made between price and past performance evaluation to determine the successful Offeror.

2. To be eligible for award, the Offeror must be deemed responsible in accordance with FAR 9.104, as supplemented, and meet requirements of the solicitation. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. All technically acceptable offers shall be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

3. The Government seeks to award to the Offeror who provides an acceptable technical proposal and has the best value combination of the other two factors in meeting the requirements. In making the award decision, the Source Selection Authority’s (SSA’s) objective will be to determine the specific combination of past performance and price most advantageous to the Government. Offerors are advised that under this evaluation method, the lowest priced proposal may not necessarily receive the award. Likewise, it may also be the case; the proposal receiving the highest past performance evaluation may not receive the award. This may result in an award to a lower-rated, lower-priced Offeror or a higher-rated, higher-priced Offeror, where the decision is consistent with the evaluation factors and the SSA reasonably determines either the lower or higher priced Offeror’s present/past performance outweighs the price difference.

4. The Government intends to award a contract without discussions with respective Offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

5. While the Government source selection evaluation board and the SSA will strive for maximum objectivity, this source selection process, by its nature, is subjective and, therefore, professional judgment is implicit through the entire process.

B. EVALUATION FACTORS AND SUBFACTORS:

In evaluating proposals, the SSA will select the proposal that is most advantageous to the Government. To arrive at a decision, the SSA will assess each offer in accordance with the following evaluation factors:

Factor 1: Technical

Factor 2: Price

Factor 3: Present/Past Performance

C. EVALUATION PROCESS

1. Relative Importance or Weighting of the Factors. The relative importance or weighting of each factor is as follows: Factor 3 (Present/Past Performance) is significantly more important to Factor 2 (Price). To be considered for award, the technical (Factor 1) proposal must meet minimum standards on an acceptable/unacceptable basis.

2. The evaluation process (Approach #2 per Informational Guidance 5315.101-1) shall proceed as follows:

Step 1 – Evaluate all proposals for technical acceptability.

Step 2 – Evaluate price reasonableness of all technically “acceptable” proposals, then rank by total evaluated price.

Step 3 –Assess performance confidence for five (5) of the lowest priced, technically acceptable Offerors. If the Performance Confidence rating of Substantial Confidence is not found in any of the 5 lowest priced, technically acceptable Offerors, the next lowest offeror will be assessed until Substantial Confidence is reached or all Offerors are assessed. The Source Selection Authority shall then make an integrated assessment best value award decision.

D. Step 1 – TECHNICAL/MANAGEMENT AREA:

1. A technical review team composed of key government personnel will use their technical skill, knowledge and experience to thoroughly review the adequacy of proposals. Each proposal will be evaluated by application of the assessment criteria to each factor in the technical proposal. Only those proposals determined technically acceptable will be considered for award. Each Factor will be considered acceptable or unacceptable as defined below:

a. Acceptable: Meets the minimum requirements of the Performance Work Statement/solicitation.

b. Unacceptable: Fails to meet minimum requirements of the Performance Work Statement/solicitation and the deficiency is not correctable without a major revision to the proposal.

2. Offerors must pass all factors of Technical/Management Area in order to be deemed technically acceptable:

Factor 1. Staffing Plan/Scheduling Methodology. This factor is met if the plan includes all of the following (IAW PWS Para 1):

(1) The staffing plan provides descriptions of proposed positions for the EMT- Paramedics and EMT-Basics and the skill sets proposed to fulfill the requirements of the solicitation. Resumes of Knowledge, Skills and Abilities (KSA) of each possible individuals. Experience level will not be any less than submitted resume and KSAs.

(2) The plan states how the contractor will ensure the appropriate qualifications/skill sets of employees are maintained throughout the life of the contract...i.e. recruitment/hiring plan.

(3) The plan includes written procedures for notifying all personnel for both daytime and after hour emergencies. The plan states how the contractor will ensure there is at least one EMT-P and at least one EMT-B (at a minimum) to work each shift. IAW PWS Para 1.1.

(4) The plan states the number of personnel and their qualifications that will be allocated to accomplish all tasks/functions as stated within the contract/Performance Work Statement. IAW Para 1.3.

(5) The plan includes a realistic work schedule presented in a TABLE format that exhibits an understanding of the work required by the PWS.

(6) The plan includes a contingency plan which shows how the contractor will handle covering shifts when an employee calls in sick.

Factor 2. DRAFT Quality Control Plan: This factor is met if the plan includes all of the following (IAW PWS Para 4.1):

(1) The plan contains a written description of an inspection system covering all areas to be inspected on a scheduled basis to include correct staffing, appropriate response times, and accurate and complete documentation.

(2) The plan describes the frequency (i.e. daily, weekly, monthly, etc.) the contractor will perform inspections to ensure quality of work to be performed.

(3) The plan describes the type of inspections contractor will use to evaluate its employees to ensure quality work is maintained during the life of the contract.

(4) The plan contains a written description of how records will be kept that will document all inspections conducted and the necessary corrective action taken. Plan shows each record will include, at a minimum, the characteristic or element inspected, date time, number of observations, number of defects observed and inspection status. A company form, providing all this information/explanation, would also be acceptable for this section.

(5) The plan contains a sample of each inspection/observation record (each record must reflect the characteristic or element inspected, date time, number of observations, number of defects observed and inspection status).

Factor 3. Certification Requirements: The offeror submitted a description of how certification documentation will be collected and forwarded to the Holloman Contracting Office and the 49 Medical Group’s Credentialing Office. IAW PWS Para 4.6

Factor 4. Health Requirements: The offeror provided a plan showing how they will meet the health requirements listed in PWS para 4.11.

All Technical/Management Area factors must be met in order to be deemed technically acceptable. If a proposal is determined “unacceptable,” the Contracting Officer (CO) will promptly notify the offeror that the proposal will not be considered for award and shall indicate, in general terms, the basis for the determination.

E. Step 2 – PRICE AREA

a. The offeror’s proposal price for CLIN 0001 will be determined by multiplying the quantity (10) times the unit price (monthly) for the CLIN.

b. The offeror’s proposal price for CLINs 0002 through 0004 will be priced as lump sum totals to account for the training period of the Contractor personnel.

c. The offeror’s proposal price for CLINs X001 will be determined by multiplying the quantity (12) times the unit price (monthly) for the CLIN.

F. Step 3 – ASSESS PERFORMANCE

Present/Past Performance. (Contractors' Performance Submission & Questionnaires). The Present/Past Performance evaluation assesses the degree of confidence the Government has in an Offeror’s ability to perform the required services to meet users’ needs based on a demonstrated record of performance. An overall assessment of the Government’s confidence in the Offeror’s ability to fulfill the RFP requirements while meeting cost, performance and schedule constraints will be made. The performance confidence assessment will be rated at an overall factor level. The Government intends to use both data provided by the Offeror and data obtained from other sources, including any combination of present/past performance information available. This may include data gathered from Offeror-provided references/experience/information sheets, questionnaires and through the use of interviews. Furthermore, the Government may use data independently obtained from other Government and commercial sources; other customers known to the Government; contractor performance evaluations (e.g., Present/Past Performance Information Retrieval System (PPIRS) information, etc.); interviews with Government customers, and, if applicable, commercial clients; and any other source that may have relevant and useful information. The evaluation process will be conducted as follows:

1. Recency Assessment. Only recent past performance information (PPI) will be evaluated. To be recent, the effort must have been performed during the past three (3) years from the date of issuance of this solicitation. On-going actions will be considered as recent so long as the effort has been performed for at least six (6) months. Present performance information which is not recent will not be evaluated for relevancy and quality.

2. Relevancy Assessment. The Government will conduct an in-depth evaluation of recent PPI obtained to determine how closely it relates to the technical factors, specified herein. All aspects of performance (compared to the PWS) relating to this acquisition may be considered. Relevant performance includes performance of efforts involving operation and maintenance of emergency patient response/transport services that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation, Attachment 1 PWS. A relevancy determination of the Offeror’s present/past performance will be made based upon the aforementioned considerations, including joint venture partner(s) and major and critical subcontractor(s). In determining relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, being proposed by the Offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. The Government is not bound by the Offeror’s opinion of relevancy. The Government will use the following degrees of relevancy when assessing recent, relevant contracts:

DEGREE

DESCRIPTION

RELEVANT (R)

Past/present performance effort involves the operation and maintenance of the emergency patient response/transport services that are similar or greater in scope, magnitude and complexity than the effort described in Attachment 1, PWS.

NOT RELEVANT (NR)

Past/present performance effort did not involve the operation and maintenance of the emergency patient response/transport services that are similar or greater in scope, magnitude and complexity than the effort described in Attachment 1, PWS.

3. Performance Confidence Assessment. The Government will consider the performance confidence of recent, relevant efforts, assessing the performance confidence for five (5) of the lowest priced, technically acceptable Offerors. The performance confidence of the work performed will be assessed against the Technical factors in FAR 52.212-2 Addendum Para D. The confidence assessment consists of an in-depth evaluation of the PPIRS information, CPARS, interviews with Government customers, and if applicable, commercial clients. The confidence assessment may result in positive or adverse findings. Adverse is defined as present/past performance information which supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. For adverse information identified, the evaluation will consider the number and severity of the problem(s), mitigating circumstances, and the effectiveness of corrective actions which resulted in sustained improvements. Process changes will only be considered when objectively measurable improvements in performance have been demonstrated.

4. Performance Confidence Assessment Ratings.

a. As a result of the relevancy assessment of the recent contracts evaluated, the Offeror will receive an integrated performance confidence assessment rating. The assessment process will result in an overall performance confidence assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined in MP5315.3, Table 3. The Performance Confidence Assessment Rating terms are defined as follows:

PERFORMANCE CONFIDENCE ASSESSMENTS

NO

CONFIDENCE

Based on the Offeror’s performance record, the government has no expectation that the Offeror will be able to successfully perform the required effort.

b. Offerors with no relevant past or present performance history or the Offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating “Unknown Confidence,” meaning the rating is treated neither favorably nor unfavorably.

c. Past performance regarding organizational structure change, predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement may not be rated as highly as past performance information for the principal Offeror.

d. If the performance confidence rating of Substantial Confidence is not found in any of the five (5) lowest priced, technically acceptable Offerors, the next lowest priced Offeror will be assessed until Substantial Confidence is reached or all Offerors are assessed. The Source Selection Authority shall then make an integrated assessment best value award decision.

e. In analyzing present/past performance information gathered, the evaluation team may find some problems are singular and site-specific. Provided all other reports are favorable, isolated problems may not carry as much weight in the confidence assessment as when there is an identifiable trend of questionable performance, whether overall or in a particular area. When finding negative trends the evaluation team will strive to gather additional performance information to support a meaningful confidence assessment.

f. Disclosing Past Performance Information to Offerors: The Contracting Officer will provide Offerors with the opportunity to comment on negative past performance information on which they have not had a previous opportunity to comment. The validation process is particularly important when the negative information is provided by only one reference, or when there is any doubt concerning the accuracy of the information. Note: while the Government must disclose past performance problems to Offerors, it shall not disclose the names of the individuals who provided information about an Offeror’s past performance.

g. Offerors are cautioned to submit sufficient information and in the format specified in Section L. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the Offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

h. Notice of Award: A written notice of award or acceptance of any offer (a copy of the Standard Form 1449 signed by the Contracting Officer), mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either part. Before the offer’s specified expiration time, the Government may accept an offer, whether or not there are negotiations after its receipt, unless written notice of withdrawal is received before award.

END FAR 52.212-2 Addendum

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph…